Henniker v. Contoocook Valley Railroad
Superior Court of New Hampshire
Case, upon the statute for filling up and obstructing a certain highway in the town of Henniker, by the construction across the same of the defendants’ railroad.
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Case, upon the statute for filling up and obstructing a certain highway in the town of Henniker, by the construction across the same of the defendants’ railroad. The declaration was as follows : “ In a plea of the case for that on the first day of January, in the year of our Lord 1850, there was, and for a long time before that day had been, is now and ever since has been, a public highway in said town of Henniker, leading from the southwesterly end of the wooden bridge, across the Contoocook river, in the southerly part of the centre village in said Henniker, southeasterly to and by the…
1Opinion of the CourtEastman, J.
The defendants are a corporation, duly established by the laws of this State, and by their charter *152had the right, in the construction of their, road, to do the acts complained of. For these acts the statute of 1847 provides a specific remedy. Comp. Stat. ch. 150, § 44. And where a statute authorizes the doing of certain acts, the necessary consequence of which is to damage the property of another, and at the same time provides a'remedy for the recovery of the damages occasioned thereby, the party injured is confined to the statute remedy for such damages. Lebanon v. Olcott, 1 N. H. Rep. 339;…
2Cases cited3 opinions
- Calking v. BaldwinNew York Supreme Court · 1830
- Town of Lebanon v. OlcottSuperior Court of New Hampshire · 1818
- Woods v. Nashua Manufacturing Co.Superior Court of New Hampshire · 1829